Bhikanrao Sitaram Sonawane And ANR v. Kawita Rajendra Sonawane And ORS

( 1 ) ca6523.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.6523 OF 2020 IN FA/194/2007 BHIKANRAO SITARAM SONAWANE AND ANR

VERSUS

KAWITA RAJENDRA SONAWANE AND ORS Mr.M.M. Bhokarikar, Advocate for the applicants. Mr.Akshay Kulkarni h/f. Mr.C.C. Deshpande, Advocate for the respondent No.1.

Mr.M.K. Goyanka, Advocate for respondent No.2. CORAM : N.J.JAMADAR,J.

DATE :

02.03.2021 PC :- 01.

This application is preferred for modification of the operative order in the judgment dated 24.07.2020 in First Appeal No.194 of 2007.

02.

The substance of the application is that the apportionment was to be made in equal proportion between the appellant, wife of the deceased, and respondent Nos.2 and 3, parents of the deceased. However, clause (D) of the operative order reads as under :- "D] The compensation as awarded be apportioned in the ratio of 50% to the appellant - claimant (i.e. wife of deceased/victim) and balance 50% to be paid to respondent Nos.2 and 3 in equal proportion."

( 2 ) ca6523.20 03.

Evidently, while determining the entitlement of the appellant and respondent Nos.1 and 2, this Court has ascribed reasons in para No.20 of the judgment. It does not appear that the Court was not alive to justifiability of the claims of the rival claimants.

04.

In this view of the matter, the final judgment and order cannot be modified by resorting to the device of a Civil Application. Hence, the application stands dismissed.

05.

However, the applicants/respondent Nos.1 and 2 are at liberty to explore the remedies, which are available in law. All contentions of all the parties are kept open.

06.

The Civil Application stands disposed of.

[N.J.JAMADAR,J.] snk/2021/MAR21/ca6523.20